Mr. George L. Allen, Chairman 

Board of Directors 

Texas Southern University 

Houston, Texas 

Opinion NO. C- 385 

Re: Authord.ty of Texas Southern 

University to enter into an 

agreement to purchase properDear Mr. Allen: ty in 1966. 

You have requested our opinion on the following question: 

"Can the University negotiate an agreement with 

the owners of the property immediately; establish 

the purchase price; and agree to enter into contract 

for purchase of the said property in February of 

1966, with the necessary contingencies that such 

funds will be available and conditions of possession?" 

In Attorney General's Opinion NW-1213 (1961), it is stated: 

"Article 2643d authorizes Texas Southern University to construct and otherwise acquire and 

equip buildings and structures which the Board of 

Directors deems proper or suitable for the students 

and faculty of the University. Section 3 of this 

statute provides that land owned by the State of 

Texas or by the University may be used as building 

sites and grounds 'for such buildings constructed 

or acquired under this Act; provided that said Board 

is hereby authorized to acquire by gift, or by purchase out of funds derived from the sale of said 

bonds, the said building sites and grounds.' 

"Article 2909c authorizes the institutions of 

higher learning, including Texas Southern University, to construct, acquire, improve and equip buildings and other structures and additions ~to existing 

buildings and'other structures 'and acquire land for 

said additions, buildings and other structures'if 

deemed appropriate by said governing body.' 

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Mr. George L. Allen, page 2 (C- 385) 

"It is our opinion that Senate'Bill No. 

296 does not affect or limit the powers granted by Articles 2643d ahd 2gOgc~. Hdwever, it 

is also our opinion that the. land which the 

University is authorized'to acquire under 

these statutes, like 'Senate ~111 296, is limited to the sites and.grounds for the buildings 

and structures constructed or acquired under 

the provisions of such statutes respectively." 

Since.the Texas Southern University has the authority 

to acquire land for additional campus space, the question 

presented concerns whether such a proposed agreement would violate the provisions of Section 49 of Article III of the Constitution of Texas. 

Section 49 of Article III of the Constitution of Texas 

provides: 

"No debt shall be created by or on behalf 

of the State, except . . .'I (l&caption not' 

applicable). 

In Attorney General's Opinion C-134 (1963), it was held 

that proposed contracts payable out of future revenues are invalid, citing Section 49 of Articles III of the Constitution of 

v. Marrs, 114 Tex. 11, 262 S.W. 

j; 

In view of the foregoing, you are advised that you are 

not authorized to obligate future revenues of Texas Southern 

University since such obligation would create a debt in violation 

of Section 49 of Article III of the Constitutionof Texas. Since 

the proposed agreement would attempt to obligate the University 

to,,pay for property out of future revenues, such proposed agreement 

is invalid. 

SUMMARY 

Section 49 of Article III of the Constitution of Texas prohibits the creation 

of a debt by the State, and any agr,eement attempting to obligate future revenues 

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. . 

Mr. George L. Allen, page 3 (C-385) 

of Texas Southern University. would be 

void. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

John Reeves 

JR:sj:cg:ms 

APPROVED: 

OPINION COMMITTEE 

W..:V. Geppert, Chairman 

Larry Craddock 

Al10 Crow 

jack Goodman 

.Malcolm L. Quick 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

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